Ambiguity or uncertainty

See Fair Work Act 2009 s.217

The Fair Work Commission may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

• one or more of the employers covered by the agreement
• an employee covered by the agreement, or
• a union covered by the agreement.

Link to form

• Form F1 – Application (no specific form provided)

Note: In response to question 1.1 on Form F1: 'Please set out the provision(s) of the Fair Work Act 2009 (or any other relevant legislation) under which you are making this application', please clearly indicate that it is an application under section 217.

All forms are available on the Forms page of the Commission's website.

If the Commission varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.

See Fair Work Act s.217A

An employer or union covered by the enterprise agreement, or an affected employee for the variation, may apply for the Commission to deal with a dispute about the proposed variation if the employer and the affected employees are unable to resolve the dispute.

The Commission must not arbitrate the dispute.

Link to form

• Form F1 – Application (no specific form provided)

Note: In response to question 1.1 on Form F1: 'Please set out the provision(s) of the Fair Work Act 2009 (or any other relevant legislation) under which you are making this application', please clearly indicate that it is an application under section 217A.

All forms are available on the Forms page of the Commission's website.